Go to ---> 2007-2008 Opinions from the 14th Court of Appeals - Houston, Texas

June 29, 2006 - Court dismisses appeal because parties failed to attempt to mediate dispute

Main Marine Repairs v. Wells Fargo Bank (Tex.App.-Houston [14th Dist.] June 29, 2006)(per curiam)
[appeal dismissed for
failure to comply with mediation order]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost)
14-06-00119-CV Main Marine Repairs & IND Cleaning Co., and John Stergiou v. Wells Fargo Bank, NA
Appeal from County Civil Court at Law No 1 of Harris County (
Judge R. Jack Cagle)

Coats v. Farmers Ins. Exchange (Tex.App.-Houston [14th Dist.] June 29, 2006)(Seymore)
[
homeowner insurance policy, insurance code claim]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Charles Seymore
Before Justices Hudson, Frost and Seymore)
14-04-00686-CV John Coats and Shahin Coats v. Farmers Insurance Exchange
Appeal from 270th District Court of Harris County (
Judge Brent Gamble)

Chapman v. Olbrich (Tex.App.-Houston [14th Dist.] June 29, 2006)(Frost)
[
real estate law, home sale, order granting specific performance affirmed]
AFFIRMED: Opinion by Justice Kem Frost
Before Justices Hudson, Frost and Seymore)
14-05-00056-CV James and Patricia Chapman v. Doug and Eleanor Olbrich
Appeal from 157th District Court of Harris County
Dissenting Opinion by Justice Hudson

Hooper v Chittaluru (Tex.App.-Houston [14th Dist.] June 29, 2006)(Yates)(pet. filed)
[
medical malpractice; dispute over expert testimony, harmful error in exclusion of evidence]
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00058-CV Dorothy Hooper, Individually and as Representative of the Estate of Gayland W. Hooper,
Deceased, Mark Hooper, Matthew Hooper, and Melissa Hooper v. Sudha N. Chittaluru, M.D. and Arvind M. Pai, M.
D. | Appeal from 280th District Court of Harris County (
Judge Tony Lindsay)

DR Horton-Texas v. Markel Int. Co. Lin (Tex.App.-Houston [14th Dist.] June 29, 2006)(Eva Guzman)
[
residential construction liability, indemnity, latent defect]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman)
14-05-00486-CV DR Horton-Texas Ltd v. Markel International Company Limited and Sphere Drake Insurance
Limited, Ltd.--Appeal from 281st District Court of Harris County (
Judge David J. Bernal)

In Re Saundra Lee Micklos (Tex.App.-Houston [14th Dist.] June 29, 2006)(Richard Edelman)
MOTION OR WRIT [Motion to reinstate, question of whether trial court jurisdiction had expired]
Opinion by Edelman
Before Justices Fowler, Edelman and Guzman)
14-05-01236-CV In Re Saundra Lee Micklos
Appeal from 164th District Court of Harris County

In Re Jimmy Ash  (Tex.App.-Houston [14th Dist.] June 29, 2006)(Adele Hedges)
[
contempt, commitment order issued in residential construction dispute, writ of habeas corpus granted, order is
ambiguous and vague, and cannot be enforced by contempt]
MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00413-CV In Re: Jimmy Ash
Appeal from 113th District Court of Harris County (
Hon. Patricia Ann Hancock)

Ramco Energy v. Anglo-Dutch (Tex.App.-Houston [14th Dist.] June 29, 2006)(per curiam)
[turnover order appeal moot, nunc pro tunc order]
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00433-CV Ramco Energy PLC and Ramco Oil Limited (formerly known as Ramco Oil & Gas, Ltd) v. Anglo-
Dutch (Tenge) LLC and Anglo-Dutch Petroleum International, Inc.
Appeal from 61st District Court of Harris County

In Re Sara Matula (Tex.App.-Houston [14th Dist.] June 29, 2006)(per curiam)
[waiver by acquiescence]
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00449-CV In Re: Sara Matula--Appeal from 308th District Court of Harris County
On May 18, 2006, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221
(Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the Honorable
Georgia Dempster, presiding judge of the  308th District Court of Harris County, to set aside her ruling granting
the real parties in interest visitation with relator’s minor child through the SAFE program.

Ramco Oil v. Anglo-Dutch (Tex.App.-Houston [14th Dist.] June 29, 2006)(per curiam)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00507-CV Ramco Oil & Gas LTD and Ramco Energy PLC v. Anglo-Dutch (Tenge) LLC and Anglo-Dutch
Petroleum International, Inc.
Appeal from 61st District Court of Harris County

Smith v. State of Texas (Tex.App. - Houston [14th Dist.} June 29, 2006)(Hedges)(criminal child abuse case)
[
child abuse / neglect resulting in death; trial court error in consideration of extraneous offenses]
AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Anderson)
14-05-00031-CR Calvin Joseph Smith v. The State of Texas
Appeal from 278th District Court of Grimes County
Dissenting Opinion by Justice Brock Yates
(“I respectfully dissent to the majority’s conclusion that the trial court erroneously considered extraneous offenses
in assessing appellant’s punishment.“)

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-05-00472-CV        Corporate Express of Texas Inc. v. Carolyn J. Moore--Appeal from 334th District Court of
Harris County

DISMISSED: Opinion by Justice Frost
(Before Justices Anderson, Edelman and Frost)
14-06-00359-CV        John R. Shike v. Zubzida M. Shike--Appeal from 309th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00449-CV        In Re: Sara Matula--Appeal from 308th District Court of Harris County

June 27, 2006 - Sometimes even the big bank lawyers slip up: Credit card holder scores partial
victory over finance charges

Hay v. Citibank (Tex.App.–Houston [14th. Dist.] June 27, 2006)(Edelman)
[
debtor’s challenge to summary judgment on credit card debt; partially reversed for lack of evidence supporting
calculation of charges for interest]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Richard Edelman
14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A.
Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block)
(“In addition to purchases, the Citibank statements contain charges for late fees and over credit limit fees, the
amounts of which are flat fees plainly specified in the terms and conditions in exhibit C.  However, the statements
also impose finance charges, which are generally described in the terms and conditions, but neither the
statements nor Citibank’s other summary judgment evidence provides an explanation showing specifically how
these amounts were calculated.  Because this evidence is therefore insufficient to prove that Hay owed those
amounts, we sustain her fifth issue as to the finance charges, and we need not address her other challenges to
those amounts. .. Accordingly, the summary judgment is:  (1) reversed as to the finance charges and remanded to
the trial court for further proceedings thereon; and (2) affirmed as to the remainder of the judgment.”)

In re R.A.  (Tex.App.–Houston [14th. Dist.] June 27, 2006)(Frost)
[
Juvenile caught with pot; delinquency adjudication affirmed]
AFFIRMED: Opinion by Justice Kem Frost
Before Justices Anderson, Edelman and Frost
14-04-00863-CV In the Interest of R.A.
14-04-01180-CV
Appeal from 313th District Court of Harris County (Judge John Phillips)
(“appellant failed to preserve error with respect to suppression of the marijuana because he failed to obtain a
timely ruling on his motion to suppress or properly and timely object to the admission of the evidence made the
subject of this motion.”)

June 22, 2006 - Appeals Panel Holds That Pro Se Inmates Have Legal Rights Too
(Houston Courts of Appeals Affirm All but a Few Criminal Convictions).

Nabelek v. Aldrich (Tex.App.–Houston [14th Dist.] June 22, 2006)(Frost)
[trial court abused its discretion by denying pro-se inmate’s motion to retain and dismissing his claims for want of
prosecution; inmate sought to appear at hearing by telephone; inmates also entitled to access to the (civil) court
system] REVERSED AND REMANDED: Opinion by Justice Kem Thompson Frost
Before Justices Hudson, Frost and Seymore
14-04-00886-CV Ivo Nabelek v. Billy M. Aldrich, Et Al
Appeal from 113th District Court of Harris County (name of judge omitted from appellate docket sheet)
(“The trial court in the present case required Nabelek’s presence at the dismissal hearing.  The trial court then,
either by not acting on Nabelek’s motion to appear by telephone before the dismissal hearing or by denying the
motion, essentially closed the court’s doors to him.  We conclude that, under these circumstances, the trial court
abused its discretion by dismissing Nabelek’s claims against all defendants, including Aldrich, for want of
prosecution. ...  We reverse the trial court’s order of dismissal for want of prosecution and remand Nabelek’s
claims to the trial court for proceedings consistent with this opinion.”)

Bounds v. Cole & Ashcroft  (Tex.App.–Houston [14th Dist.] June 22, 2006)(Fowler)
[sale of store, sj, fraud, breach of contract, misrepresentation, merger clause, statute of limitations; fraud claim
barred by merger clause in asset purchase agreement]  
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00064-CV Tim Bounds v. Cole & Ashcroft
Appeal from 152nd District Court of Harris County (Judge not listed; presumably Ken Wise)

Sampson v. Stone Street Services, Inc. (Tex.App.–Houston [14th Dist.] June 22, 2006)(Fowler)
[timeliness of appeal, effect of request for findings of fact, when relevant to appeal]
DISMISSED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00627-CV Christine M. Sampson, Guardian of the Estate of Sidney Everett Landrum, an Incapacitated
Person v. Stone Street Services, Inc.
Appeal from Probate Court No 1 of Harris County (Name of Trial Court judge not listed)

Lain v. Safeco Inc. Co. (Tex.App.–Houston [14th Dist.] June 22, 2006)(Fowler)
[insurance coverage dispute, uninsured motorist, appeal from summary judgment dismissed because it is
interlocutory, not final because claims not addressed in summary judgment remained pending, even though
“closed” stamped on page]
DISMISSED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-05-00849-CV Derek Lai and Ching Wang Chu v. Safeco Insurance Company of Illinois
Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)

Waqar v. Foster   (Tex.App.–Houston [14th Dist.] June 22, 2006)(per curiam)
[untimely notice of appeal, restricted appeal not permitted in this case because appellant filed timely post-
judgment motion] DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-06-00298-CV Mohammad Waqar D/B/A J&M Grocery Store v. Robert Foster
Appeal from Co Civil Ct at Law No 1 of Harris County (Judge R. Jack Cagle)

June 22, 2006

Civil Causes Decided:

DISMISSED: Opinion by Justice Fowler
(Before Justices Hudson, Fowler and Seymore)
14-05-00627-CV        Christine M. Sampson, Guardian of the Estate of Sidney Everett Landrum, an Incapacitated
Person v. Stone Street Services, Inc.
Appeal from Probate Court No 1 of Harris County

DISMISSED: Opinion by Justice Fowler
(Before Justices Fowler, Frost and Seymore)
14-05-00849-CV        Derek Lai and Ching Wang Chu v. Safeco Insurance Company of Illinois
Appeal from Co Civil Ct at Law No 3 of Harris County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-05-01263-CV        B.Z.B., Inc., C. Michael Orr, Individually and as Director of B.Z.B., Inc. v. Donal S. Clark
Appeal from 10th District Court of Galveston County

DISMISSED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-06-00278-CV        Mabon Limited v. Afri-Carib Enterprises Inc.
Appeal from 165th District Court of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00298-CV        Mohammad Waqar D/B/A J&M Grocery Store v. Robert Foster
Appeal from Co Civil Ct at Law No 1 of Harris County

DISMISSED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00316-CV        James L. Watts; Star Disposal Systems, Inc., Liberty Waste Systems, Inc., Bay Area Waste
Systems, Inc., and Eastex Waste Systems, Inc. v. Waste Management of Texas, Inc.
Appeal from 333rd District Court of Harris County

June 20, 2006

Kilpatrick v. McKenzie (Tex.App.–Houston [14th Dist.] June 20, 2006)(Frost)
[dispute over beach
property, trespass to try title action, judgment reversed]
REVERSED AND RENDERED: Opinion by Justice Frost
Before Justices Hudson, Frost and Seymore
14-04-00986-CV Bradford Kilpatrick v. Marion Judy McKenzie and Randall McKenzie
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)

Crook v. Johnston (Tex.App.–Houston [14th Dist.] June 20, 2006, pet. denied 6/1/2007)(Hudson)
[dismissal due to multiple delays]
DISMISSED: Opinion by Justice Hudson (Fowler Dissents without an opinion)
Before Justices Hudson, Fowler and Seymore
14-05-00048-CV Judy Cox Crook f/k/a Judy Cox Swate v. Cheryle R. Johnston, Receiver
Appeal from 309th District Court of Harris County (
Judge Frank Barlow Rynd)

Hawkins v. Hawkins (Tex.App.–Houston [14th Dist.] June 20, 2006)(Seymore)
[
property division in no-fault divorce; split need not be exactly 50:50 in light of other factors, incl. disparity in
earnings capacity]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00117-CV Richard E. Hawkins v. Amy Hawkins
Appeal from 328th District Court of Fort Bend County (Judge Ronald R. Pope)

Reyna v. Elizondo (Tex.App.–Houston [14th Dist.] June 20, 2006)(Yates)
[
restricted appeal not available if timely post-judgment motion filed]
DISMISSED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00622-CV Maria Reyna v. Juan A. Elizondo, Jr., and Connie L. Lockard
Appeal from 240th District Court of Fort Bend County (Judge Thomas Ralph Culver)

Alsheikh v. Arabian Nat. Shipping Corp. (Tex.App.–Houston [14th Dist.] June 20, 2006)(Yates)
[cross-motions for summary judgment, promissory notes secured by deeds of trust on the real property, lien,
limitations, UDJA; no limitations because debt acknowledged within 4 years; revival of liens, implied promise to pay
a debt]
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00787-CV Jawad N. Alsheikh v. Arabian National Shipping Corporation
Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge)

Quebe v. Pope (Tex.App.–Houston [14th Dist.] June 20, 2006)(Hedges)
[sexual assault allegations, denial of sj on defamation and tortious interference with a contract; no interlocutory
jurisdiction; no media defendant; ILA prohibited by common law; ILA statute must be construed strictly)
DISMISSED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-01054-CV Jacqueline Quebe and Charles Quebe v. Curtis Pope
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)

UTMB v. Thompson (Tex.App.–Houston [14th Dist.] June 20, 2006)(Anderson)
[
Texas Tort Claims Act, TTCA; denial of university’s plea to the jurisdiction reversed, judgment of dismissal
rendered, sovereign immunity not waived for this type of
health care liability claim]
REVERSED AND RENDERED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-06-00014-CV University of Texas Medical Branch v. Tinesha T. Thompson
Appeal from 122nd District Court of Galveston County (Judge John A. Ellisor JR.)

Mabon Lim. v. Afri-Carib Enterprises Inc. (Tex.App.–Houston [14th Dist.] June 20, 2006)(per curiam)
[prior opinion withdrawn as erroneous; dismissed upon motion of Appellant]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-06-00278-CV Mabon Limited v. Afri-Carib Enterprises Inc.
Appeal from 165th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Brock Yates and Guzman)
14-06-00480-CV        In Re Daniel J. Richard--Appeal from Probate Court No 4 of Harris County

June 15, 2006

Enviroassets v. Southwest Shipyard (Tex.App.–Houston [14th Dist.] June 15, 2006)(per curiam)
[Joint motion to dismiss interlocutory appeal]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-05-00074-CV Enviroassets, L.L.C., and Envirogistics, L.P v. Southwest Shipyard, L.P and Seattle Shipyard L.L.
C.,
Appeal from 11th District Court of Harris County

In re T.S. and S.A.S. (Tex.App.–Houston [14th Dist.] June 15, 2006)(Hudson)
[
termination of parental rights, JMC]
AFFIRMED: Opinion by Justice Hudson
Before Justices Hudson, Fowler and Seymore
14-05-00348-CV In The Interest of T.S. and S.A.S.
Appeal from 300th District Court of Brazoria County

State of Texas v. Provost (Tex.App.–Houston [14th Dist.] June 15, 2006)(Hudson)
[trial court’s grant of new trial reversed, trial court ordered to enter judgment of conviction]
VACATED AND REMANDED: Opinion by Justice Hudson (criminal case)
Before Justices Hudson, Fowler and Seymore
14-05-00537-CR The State of Texas v. Victor Provost
Appeal from 212th District Court of Galveston County
The State appeals the trial court’s granting a motion for new trial and setting aside the conviction of Victor Provost,
appellee, for possession of a controlled substance.  We vacate the order granting the motion for new trial and
remand the cause to the trial court to enter judgment of conviction in accordance with the jury’s verdict.

June 13, 2006 - Difference between injunctions in family court and civil courts addressed

Kheir v. Progressive County Mutual Ins. Co. (Tex.App.–Houston [14th Dist.] June 13, 2006)(Fowler)
[conversion involving car, car title, DTPA, breach of contract, negligent representation, fraud, conspiracy,
conversion, and wrongful repossession, declaratory relief and specific performance; subrogation; denial of  
withdrawal of deemed admissions not an abuse of discretion; good cause not established by proper evidence;
legal sufficiency of award of exemplary damages]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-04-00694-CV Said Kheir a/k/a Benny Kheir, Individually, C & S Sports & Imports and Remington International v.
Progressive County Mutual Insurance Company, as Subrogee of Jose Antonio Valdes
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Cynthia Crowe)

In re B.G. and A.G. (Tex.App.–Houston [14th Dist.] June 13, 2006)(Seymore)
[
SAPCR motion to modify, modification, injunction: civil v. family, temporary, permanent]
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-04-00944-CV In the Interest of B.G. and A.G.
Appeal from 246th District Court of Harris County (
Jim York)

MOTION OR WRIT DENIED: Per Curiam
(Before Justices Anderson, Edelman and Frost)
14-06-00373-CV        In Re Anthony E. Gill--Appeal from 23rd District Court of Brazoria County

June 8, 2006 - Justice Hudson takes DA to task for misrepresenting the record on appeal

Anh v. State of Texas (Tex.App–Houston [14th Dist.] June 8, 2006)(criminal case)
REVERSED AND REMANDED: Majority Opinion by Justice Frost
Before Justices Anderson, Hudson and Frost (on remand from higher court; opinion on motion for rehearing).
14-00-00560-CR Dang, Tuan Anh v. The State of Texas
Appeal from 176th District Court of Harris County
(“The Texas Court of Criminal Appeals determined that appellant satisfied the legal standard for establishing error
and remanded the case to this court for a harm analysis.  The legal standard for determining whether the trial
court abused its discretion in limiting appellant’s closing argument overlaps with the inquiry as to whether any such
error is harmful.  Because the high court’s rejection of our previous analysis tacitly mandates the conclusion that
the error it found is harmful, we reverse the trial court’s judgment and remand to the trial court for a new trial.”)
Concurring Opinion by Justice Hudson
("The Texas Court of Criminal Appeals, in a plurality opinion, held this court erred in concluding that the trial court
did not abuse its discretion’s in limiting the length of closing argument.  Dang v. State, 154 S.W.3d 616, 622 (Tex.
Crim. App. 2005).  Accordingly, the Court of Criminal Appeals remanded the cause to this court to conduct a harm
analysis.  On remand, we held the error presented here is constitutional error.  Because we could not conclude
beyond a reasonable doubt that the error did not contribute to appellant’s conviction, we reversed the trial court’s
judgment.  Tex. R. App. P. 44.2(a).  However, the State of Texas contends on rehearing that appellant has
forfeited any claim of constitutional error by failing to previously characterize it as error of constitutional magnitude.

The State’s assertion is wholly contrary to the record
.”)

In re S.W.O. (Tex.App–Houston [14th Dist.] June 8, 2006)(Anderson)
[Appeal dismissed based on hearsay statement by nonparty family member to the effect that appellant does not
wish to pursue appeal; requirement to comply with rule governing voluntary dismissal suspended]
DISMISSED: Opinion by Justice Anderson  -  
Dissenting Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost
14-03-00059-CV In the Matter of S. W. O.
Appeal from 315th District Court of Harris County

In re D.D.A. (Tex.App–Houston [14th Dist.] June 8, 2006)(per curiam)
[
retroactive child support affirmed, no record brought forward, tape-recording of proceedings before master;
master’s ruling not appealed to presiding judge, no court reporter]
AFFIRMED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00046-CV In the Interest of D.D.A
Appeal from 306th District Court of Galveston County

Hall v. Hubco, Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)(Yates)(suppl. opinion on motion for reh’g)
[jury question, market value damages]
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00073-CV Gregg Hall, as Executor of the Estate of Preston L. Hall v. Hubco, Inc.
Appeal from 215th District Court of Harris County (Judge Levi James Benton)

Texas Mutual Ins. Co. v. Sonic Systems Int., Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)

REVERSED AND RENDERED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-05-00111-CV Texas Mutual Insurance Company f/k/a Texas Workers Compensation Insurance Fund v. Sonic
Systems International Inc.
Appeal from 157th District Court of Harris County (Judge Randy Wilson)

In Re Sonic Systems Int., Inc. (Tex.App–Houston [14th Dist.] June 8, 2006)(Fowler)

MOTION OR WRIT GRANTED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Guzman
14-05-00770-CV In Re Sonic Systems International Inc.
Appeal from 157th District Court of Harris County

(“Because we conclude Sonic failed to establish as a matter of law that its claim for reimbursement under the
TWCA, as a subclaimant, survived the employee’s election to pursue and recover remedies under Alabama’s
workers’ compensation laws, we reverse the trial court’s judgment in Sonic’s favor and render judgment affirming
the decision of the appeals panel in Cause No. 14-05-00111-CV.  Further, because we hold that the trial court’s
decision to continue abatement of Sonic’s contract claims  was improper, and Sonic lacks an adequate remedy by
appeal should abatement continue, we conditionally grant Sonic’s petition for writ of mandamus in Cause No. 14-
05-00770-CV.”)

Witte v. Witte (Tex.App–Houston [14th Dist.] June 8, 2006)(Seymore)

DISMISSED: Opinion by Justice Seymore - Justice Fowler dissents without opinion
Before Justices Hudson, Fowler and Seymore
14-05-00768-CV Gerard Alan Witte v. Cynthia Grace Witte
Appeal from 246th District Court of Harris County (James D. Squier sitting for the 245th DC)

Anh v. State of Texas (Tex.App–Houston [14th Dist.] June 8, 2006)(criminal case) (see above)

June 6, 2006

Ramco Oil v. Anglo Dutch (Tex.App–Houston [14th Dist.] June 6, 2006)(Frost)
[business dispute over interests in a foreign oil and gas field, BoC, misappropriation of trade secrets, breach of
fiduciary duty; no evidence of lost profit damages]
REVERSED AND RENDERED: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Fowler and Frost
14-04-00433-CV Ramco Oil & Gas, Ltd, and Ramco Energy PLC v. Anglo Dutch (TENGE) L.L.C and Anglo - Dutch
Petroleum International, Inc.,
Appeal from 61st District Court of Harris County (Judge John J. Donovan)

Herrington v. Sandcastle Cond Assn. (Tex.App–Houston [14th Dist.] June 6, 2006)(Yates)
[wrongful foreclosure suit fails, atty fees for defendant under UDJA, rent damages reversed because not pleaded
and not tried by consent, given plaintiff’s objection at trial]
AFFIRMED AND REFORMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00168-CV Sharon Lynn Herrington v. Sandcastle Condominium Association
Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia)

Pryor v. State of Texas  (Tex.App–Houston [14th Dist.] June 6, 2006)(Fowler)
[forfeiture proceeding,
death penalty discovery sanctions, pleadings stricken, lesser sanctions in the form of
warning]
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Seymore
14-05-00411-CV Russell Ray Pryor v. State of Texas
Appeal from 215th District Court of Harris County

In re H.M.M  (Tex.App–Houston [14th Dist.] June 6, 2006)(Hedges)
[biological parent whose rights were terminated has
no standing to assert interest in custody determination]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-05-00559-CV In the Interest of H.M.M, a Child
Appeal from 278th District Court of Walker County
(“Appellant Lashawn Mays, the biological mother of H.M.M., appeals the trial court’s failure to grant sole custody to
her father after it terminated her parental rights and ordered that H.M.M. remain in the custody of Child Protective
Services. Because appellant has no standing to challenge the trial court’s order, we affirm.”)

June 1, 2006

Kaminetzky v. Frost Nat. Bank (Tex.App.- Houston [14th Dist.] June 1, 2006) (per curiam)(substitute memorandum
opinion, prior opinion withdrawn)
[finality of judgment, notice of nonsuit, order of nonsuit, final judgment]
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost
14-04-00074-CV Dov Avni Kaminetzky a/k/a K. Avni, Individually and as Assignee of Howard Weiss and Investment
Performance Corporation f/k/a Investment Choices Corporation v. Frost National Bank of San Antonio
Appeal from 129th District Court of Harris County (Judge Samuel Grant Dorfman)

Graves v. Edwards  (Tex.App.- Houston [14th Dist.] June 1, 2006)(Guzman)
[prisoner pro se IFP suit dismissed, access to prison law library]
AFFIRMED: Opinion by Justice Guzman
Before Justices Fowler, Edelman and Guzman
14-04-01005-CV Rickie Lynn Graves v. Jackie Edwards and Frank Hoke
Appeal from 278th District Court of Walker County (Judge WILLIAM L. MCADAMS)

In re Dawn Johnson Whatley  (Tex.App.- Houston [14th Dist.] June 1, 2006)(Seymore)
[court of appeals conditionally grants writ of mandamus ordering probate judge Michael James Wood to vacate all
orders signed while the case was removed to federal court or while a
motion to recuse was pending]
MOTION OR WRIT GRANTED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-05-01222-CV In Re: Dawn Johnson Whatley
Appeal from Probate Court No 2 of Harris County (Michael James Wood)
(“Because the recusal motion filed on September 9, 2005, remains pending, the orders signed by Judge Wood on
September 29, 2005, October 13, 2005, and December 14, 2005, are void.  Additionally, the September 29, 2005,
order issued by Judge Wood is void because Judge Wood had no jurisdiction to enter it while the case was
removed to federal court.  We conditionally grant relator’s petition for writ of mandamus in part and order Judge
Wood to vacate the orders signed on September 29, 2005, October 13, 2005, and December 14, 2005.  We are
confident Judge Wood will comply with this opinion.  The writ will issue only in the unlikely event he fails to do
so.”)   

In re Klockner (Tex.App.- Houston [14th Dist.] June 1, 2006)(per curiam)
[mandamus denied, order denying motion to quash request for jury trial]
MOTION OR WRIT DENIED: Per Curiam Justice Seymore would grant the petition and dissents without opinion.
Before Justices Hudson, Fowler and Seymore
14-06-00273-CV In Re: Balli Klockner Inc., Southern Texas Steel LLC, Klockner Steel Trade GMBH, Balli Steel
PLC, and Balli Finance and Development Corporation--Appeal from 344th District Court of Chambers County

Reeves v. Randall Long Corp.  (Tex.App.- Houston [14th Dist.] June 1, 2006)(per curiam)
[appeal from an order extending post-judgment deadlines pursuant to Tex. R. Civ. P. 306a.]
no interlocutory review)
DISMISSED: Per Curiam
Before Justices Anderson, Edelman and Frost)
14-06-00365-CV David Reeves v. Randall Long Corporation
Appeal from 152nd District Court of Harris County [name of judge not shown, presumably Ken Wise]

In re John W. Small (Tex.App.- Houston [14th Dist.] June 1, 2006)(per curiam)
[
contempt order, temporary support, mandamus denied]
MOTION OR WRIT DENIED: Per Curiam
Before Justices Hudson, Fowler and Seymore
14-06-00383-CV In Re: John W. Small
Appeal from County Court at Law No 1 of Galveston County
On May 1, 2006, relator John W. Small filed a petition for writ of mandamus in this Court, requesting we direct the
Honorable Mary Nell Crappito, presiding judge of County Court No. 1, Galveston County, to deny any motion for
enforcement of temporary support filed by real party Murriah McMaster, to reverse a contempt and commitment
order holding relator in contempt for failure to pay temporary support to McMaster, and to modify the temporary
support order.   See Tex. Gov’t Code Ann. '22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.  
Because relator has failed to establish he is entitled to the requested mandamus relief, we deny relator’s petition
for writ of mandamus.

MOTION OR WRIT DENIED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00383-CV        In Re: John W. Small--Appeal from County Court at Law No 1 of Galveston County

DISMISSED: Per Curiam
(Before Justices Hudson, Fowler and Seymore)
14-06-00435-CV        Steven L. Bahr and Cynthia L. Bahr v. Michael H. McGhee d/b/a McGhee Homes and
McGhee & Associates, Inc.--Appeal from 56th District Court of Galveston County
Justices
Chief Justice Adele Hedges
Justice John Anderson
Justice Richard Edelman
Justice Wanda Fowler
Justice Eva M. Guzman
Justice J. Harvey Hudson
Justice Charles W. Seymore
Justice Kem Thompson Frost
Justice Leslie Brock Yates
The Fourteenth Court of Appeals is
one of fourteen intermediate courts
of appeals in Texas. Its geographic
jurisdiction overlaps with that of the
First Court of Appeals, which also
sits in Houston. Both courts are
located in the building that houses
the South Texas College of Law.
These courts hear both civil and
criminal appeals and original
mandamus proceedings. Cases
are randomly assigned to either.
The 14th Court of Appeals is best known for its
decision in Lawrence v. Texas, in which the court,
sitting en banc, rejected a constitutional challenge
to Texas' sodomy statute. The U.S. Supreme
Court later reversed in its precedent-setting
decision expanding the right to privacy to
consensual homosexual conduct.
Lawrence  v.
T
exas (02-102) 539 U.S. 558 (2003), 41 S. W. 3d
349,
reversed and remanded
Dissents in the 14th Court of Appeals
June 2006 opinions from the --> First Court of Appeals
Recent opinions from the --> Texas Supreme Court
Also see Family Law Cases
Consumer Law Cases
Labor Law Cases -Texas Courts of Appeals
Fifth Circuit Cases of Interest to Teachers
This page provided as a public service by the Faculty Rights Coalition - No express or implied warranties
June 2006 Opinions from the Fourteenth Court of Appeals in Houston
(Tex.App.- Houston [14th Dist.] 2006)
 
2007 OPINIONS BY JUDGES
OF THE FOURTEENTH
COURT OF APPEALS

Chief Justice Adele Hedges
Justice John Anderson
Justice Richard Edelman
Justice Wanda Fowler
Justice Kem Thompson Frost
Justice Eva M. Guzman
Justice J. Harvey Hudson
Justice Charles W. Seymore
Justice Leslie Brock Yates

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